Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 232
Ì566960:Î566960
LEGISLATIVE ACTION
Senate . House
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The Committee on Children, Families, and Elder Affairs (Book)
recommended the following:
1 Senate Amendment (with directory amendment)
2
3 Between lines 17 and 18
4 insert:
5 (a) Inflicts or allows to be inflicted upon the child
6 physical, mental, or emotional injury. In determining whether
7 harm has occurred, the following factors must be considered in
8 evaluating any physical, mental, or emotional injury to a child:
9 the age of the child; any prior history of injuries to the
10 child; the location of the injury on the body of the child; the
11 multiplicity of the injury; and the type of trauma inflicted.
12 Such injury includes, but is not limited to:
13 1. Willful acts that produce the following specific
14 injuries:
15 a. Sprains, dislocations, or cartilage damage.
16 b. Bone or skull fractures.
17 c. Brain or spinal cord damage.
18 d. Intracranial hemorrhage or injury to other internal
19 organs.
20 e. Asphyxiation, suffocation, or drowning.
21 f. Injury resulting from the use of a deadly weapon.
22 g. Burns or scalding.
23 h. Cuts, lacerations, punctures, or bites.
24 i. Permanent or temporary disfigurement.
25 j. Permanent or temporary loss or impairment of a body part
26 or function.
27
28 As used in this subparagraph, the term “willful” refers to
29 the intent to perform an action, not to the intent to achieve a
30 result or to cause an injury.
31 2. Purposely giving a child, or storing or leaving out when
32 a person knows or reasonably should know that a child is likely
33 to gain access to poison, alcohol, drugs, or other substances
34 that substantially affect the child’s behavior, motor
35 coordination, or judgment or that result in sickness or internal
36 injury. For the purposes of this subparagraph, the term:
37 a. “Drugs” means prescription drugs not prescribed for the
38 child or not administered as prescribed, and controlled
39 substances as outlined in Schedule I or Schedule II of s.
40 893.03.
41 b. “Other substances” includes any liquid that contains
42 nicotine, flavorings or other substances that are heated into a
43 vapor by an electronic cigarette or other vaping device to be
44 inhaled by an individual.
45 3. Leaving a child without adult supervision or arrangement
46 appropriate for the child’s age or mental or physical condition,
47 so that the child is unable to care for the child’s own needs or
48 another’s basic needs or is unable to exercise good judgment in
49 responding to any kind of physical or emotional crisis.
50 4. Inappropriate or excessively harsh disciplinary action
51 that is likely to result in physical injury, mental injury as
52 defined in this section, or emotional injury. The significance
53 of any injury must be evaluated in light of the following
54 factors: the age of the child; any prior history of injuries to
55 the child; the location of the injury on the body of the child;
56 the multiplicity of the injury; and the type of trauma
57 inflicted. Corporal discipline may be considered excessive or
58 abusive when it results in any of the following or other similar
59 injuries:
60 a. Sprains, dislocations, or cartilage damage.
61 b. Bone or skull fractures.
62 c. Brain or spinal cord damage.
63 d. Intracranial hemorrhage or injury to other internal
64 organs.
65 e. Asphyxiation, suffocation, or drowning.
66 f. Injury resulting from the use of a deadly weapon.
67 g. Burns or scalding.
68 h. Cuts, lacerations, punctures, or bites.
69 i. Permanent or temporary disfigurement.
70 j. Permanent or temporary loss or impairment of a body part
71 or function.
72 k. Significant bruises or welts.
73
74 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
75 And the directory clause is amended as follows:
76 Delete lines 12 - 13
77 and insert:
78 Section 1. Paragraph (a) is amended and paragraphs (m) and
79 (n) are added to subsection (35) of section 39.01, Florida
80 Statutes, to read: